Kate has a broad-based practice with an emphasis on human rights, public law and equality & discrimination law. She is recommended as a leading junior in Administrative and Public Law (Chambers & Partners 2016). Kate undertakes all types of public law challenge and has a particular interest in cases involving human rights issues. She has substantial experience of judicial review claims arising in the prison context, from inquests, mental health proceedings, homelessness and education law. Kate is regularly instructed in private law claims against the police, prisons and other public authorities including claims under the Human Rights and Equality Acts. She was instructed in the Hillsborough inquests (2014-2016) as junior counsel for 22 families.
Kate has a particular interest in public international law and holds a Masters in International Human Rights Law from the University of Oxford. She has experience in drafting applications to the European Court of Human Rights and regularly undertakes advisory and drafting work in public international law both on a consultancy and pro-bono basis.
AREAS OF EXPERTISE
Kate accepts instructions in all types of public law challenge and has a particular interest in cases involving human rights issues. She has substantial experience of judicial review claims in the prison law context. She has also represented and advised claimants on public law claims arising from inquests, police matters including decisions of the IPCC, mental health proceedings, homelessness, inquests and education law.
She also has experience in representing individuals facing gang injunction proceedings. Her most recent ‘gangbo’ case involved legal argument as to the requirements of Article 6 in this context and culminated in the application being discontinued as against her client.
Kate has substantial knowledge in the field of Coronial law and regularly represents bereaved families at inquests into the deaths of family members, in particular those involving state culpability. She is currently instructed in the Hillsborough inquests as junior counsel for 22 families.
Kate is particularly interested in the parameters of Article 2 and has experience of inquest proceedings raising issues about the Article 2 obligations of local authorities dealing with vulnerable children and of probation authorities placing offenders into supported accommodation. She has also dealt with inquests raising issues about tactical and operational decisions taken by police, including police negotiators and firearms officers. Her experience regarding deaths in custody includes cases where the issues have included the standard of care received from prison and external healthcare, liaison with hospital and specialist practitioners, record keeping and the handcuffing of the deceased whilst in hospital.
Other cases include a death in custody where the jury found that the prison's failure to check prisoners' OASys reports (which made reference to the deceased's mental health problems) promptly upon their reception into custody had contributed to the death of the deceased. This resulted in a Coroner’s report recommending that OASys reports should be made available to reception staff and checked during booking in procedures.
Kate's inquest law practice is complemented by her experience in prison law and judicial review.
Actions against public authorities
Kate is regularly instructed in civil law claims against the police, prisons and other public authorities including claims of false imprisonment, assault, malicious prosecution and claims under the Human Rights and Equality Acts. She has recently acted in proceedings concerning police misconduct and Article 8 (wrongful disclosure of personal information leading to harassment in a domestic violence situation).
Kate deals with all aspects of prison law, with an emphasis on judicial review proceedings (see above). She regularly advises and represents claimant prisoners in all types of judicial review challenge including unlawful detention, Parole Board decisions and procedure, categorisation and adjudications. Recent prison/public law cases include a successful habeas corpus application. She is also experienced in conducting all types of hearing before the Parole Board and has a particular interest in discrimination claims arising in the prison sphere. In addition, Kate deals with criminal appeals, notably appeals against IPP sentences, and references to the CCRC arising from prison law.
Discrimination, employment law and regulatory proceedings.
Kate advises and represents claimants in all types of discrimination claims. She has substantial experience in conducting cases before the Employment Tribunal and EAT with particular expertise in equal pay litigation. Outside of the employment law sphere, Kate deals with discrimination in relation to public authorities, goods and services and cases involving breach of the public sector equality duties. Kate also has considerable experience representing professionals in fitness to practise proceedings before the Health Care Professions Council and Nursing and Midwifery Council.
Kate has a particular interest in public international law and recently completed a Masters in International Human Rights Law from the University of Oxford. She has experience in drafting applications to the European Court of Human Rights and regularly undertakes advisory and drafting work in IHRL both on a consultancy and pro-bono basis. In this regard she has worked with Oxfam, Advocates for International Development and the Environmental Defender Law Center.
In the last two years Kate’s work in this area has included the provision of advice on international and regional human rights mechanisms and procedures to lawyers in developing countries. She has also assisted in the drafting of amicus briefs on international law instruments and jurisprudence governing the human rights impacts of environmental pollution from extractive and other industries in Europe and West Africa. Most recently she has assisted the BHRC in the drafting of an amicus brief relating to criminal proceedings against a human rights defender in Colombia.
She was a member of the Legal Response Network which assisted NGOs in the successful negotiations towards an Arms Trade Treaty and attended an international conference in the Hague in April 2013 as a representative of the Network. She has provided advice to the Network on international human rights law, with particular focus on women’s rights and gender-based violence, and is the co-author of an article on this subject, published in 2013 in the journal Gender and Development.
Court of Protection
Kate is a member of the Court of Protection Team and is developing a practice in this area alongside her existing public law work.
- RJ, R (On the Application Of) v The Director of Legal Aid Casework  EWHC 645 (Admin) (22 March 2016) judgment.
- Instructed by 22 families in the Hillsborough Inquests.
- R v Pleasants .
- Trafford BC v Cooksey and others  Eq LR 744 women workers at Trafford Borough Council successfully defended Trafford Borough Council's appeal against earlier Employment Tribunal findings which had rejected the Council's arguments to justify differences on the basis of "genuine material factor" defences.
- Bury Metropolitan Borough Council v Hamilton and others  All ER (D) 85 Mar (EAT)  ICR 655 :  IRLR 358 :  Eq LR 234 - junior counsel for the successful Unison claimants in local authority equal pay litigation.
- R v Pritchard (2011) (IPP quashed by Court of Appeal).
- R (Rawnsley) v Parole Board  EWHC 2689 (Admin) in which the claimant successfully challenged a Parole Board decision not to release him on licence.
- R v Sutherland (2010) (IPP quashed by Court of Appeal).
- R v O'Connor  EWCA Crim 2842 (successful appeal against conviction and sentence)
Leading junior in Administrative and Public Law: The Regions (2016) "Frequently represents claimants in judicial review and public law proceedings, and has a particular interest in human rights issues. She often acts on behalf of prisoners in challenges to the parole board and Secretary of State and has additional experience of acting in inquests and cases concerning the police. "She is known for handling inquests and enjoys a good reputation in the field." "She's very thorough and very good in the sense that you can just pick up the phone to her. She likes to be involved from start to finish." Recent work: Acted as junior counsel to Peter Weatherby QC in representing 22 families in the Hillsborough inquests concerning the 96 deaths arising from the stadium disaster." Chambers and Partners 2016.
Leading junior in Administrative and Public Law: The Regions (2015) "Specialises in appearing for claimants in prison law proceedings, particularly in challenges to decisions of the Parole Board and the Home Secretary. She is also experienced in inquests and matters concerning the actions of the police. "She defended a complex case with discretion and vigour, and her pleadings were just brilliant." Recent work: Acted as junior counsel to 22 bereaved families in the Hillsborough Inquests."
Leading junior in Administrative and Public Law: The Regions (2014) "Widely praised for her handling of a range of public law matters in keeping with the profile of the set."
Leading junior in Administrative and Public Law: The Regions (2013) "Also at Garden Court North is the "very capable and very able" Kate Stone, whose claimant-based public law offering covers inquests, prison law and actions against the police and other public authorities." Chambers & Partners 2013
Leading junior in Administrative and Public Law: The Regions (2012) "Kate Stone is the latest addition to the tables from these chambers. She earns recognition for acting on behalf of claimants in human rights claims. She is also singled out for her detailed knowledge of prison law, and recently conducted a successful judicial review of Parole Board procedures. Commentators say she is "a tenacious advocate who is thoroughly conscientious"." Chambers & Partners 2012
PUBLICATIONS & SEMINARS
- 28/4/16 - A Hillsborough lawyer explains the verdict "We will never work on a case like it again" (Vice UK)
- 2015 - contributor to Ethiopia's anti-terrorism law: A tool to stifle dissent (Oakland Institute)
- 31/1/15 - Blog on Human Rights and the Arms Trade Treaty (Oxford Human Rights Law Blog)
- November, 2013 - Gender-based violence and the Arms Trade Treaty: reflections from a campaigning and legal perspective - Gender and Development
- 9/2/12 - European Court of Human Rights: Time for Reform? - Lexis Nexis Current Awareness
Kate frequently conducts training for other lawyers in her areas of specialisation and is a regular speaker at the Public Law Project’s Judicial Review North Conference.
MEMBERSHIPS & ASSOCIATIONS
- Bar Human Rights Committee
- Advocates for International Development (undertook A4ID's Law and Development Training Programme 2010/2011)
- Police Actions Lawyers Group
- Amnesty International
- Lawyer for Liberty
Major Scholar (Inner Temple)
MA in International Human Rights Law (Oxon.)